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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Plaintiff deposited into the account of C in the account of C, the face value of KRW 100 million, which was issued by the Plaintiff, and the fact that KRW 100 million was transferred from the Defendant’s deposit account to the Defendant’s deposit account on July 26, 2013 is no dispute between the parties.
2. Judgment on the plaintiff's assertion
A. The plaintiff asserts that the plaintiff primarily does not have any legal relationship that causes the account transfer between the plaintiff and the defendant, but the plaintiff, upon receiving the plaintiff's request, remitted the amount of KRW 100 million to the defendant, so the defendant should return the amount of KRW 100 million to the plaintiff as unjust enrichment. In addition, the plaintiff first lent the amount of KRW 100 million to the defendant, and thus the defendant should pay
As to this, the defendant asserts to the effect that it would not borrow KRW 100 million from the plaintiff, but receive support related to the company's business.
B. In a lawsuit claiming the return of unjust enrichment which is the primary cause of the claim, the burden of proving the fact that the general establishment requirement of unjust enrichment took place without legal cause is borne by the claimant.
(See Supreme Court Decision 98Da61593 delivered on April 27, 1999, etc.). The plaintiff's assertion itself is based on the plaintiff's own intent, but the plaintiff transferred KRW 100 million to the defendant according to his own will. In this case where it is not clear whether the circumstances between the plaintiff and the defendant for giving and receiving the above amount, even though the defendant did not submit materials to support the legal cause of receiving the above KRW 100 million, it is difficult to recognize that the defendant obtained the above KRW 100 million without any legal cause, and there is no other evidence to acknowledge the plaintiff's above assertion.
Therefore, the plaintiff's primary cause of claim cannot be accepted.
C. Even if there is no dispute over the fact that the plaintiff exchangeds money between the parties to the preliminary claim, the reason for receiving money is the plaintiff.